Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Wednesday, 10 February 2016

 2                           [Open session]

 3                           [Status Conference]

 4                           [The appellants entered court]

 5                           --- Upon commencing at 2.59 p.m.

 6             JUDGE AGIUS:  Good afternoon, everybody.

 7             Madam Registrar, or Mr. Registrar, could you call the case,

 8     please.

 9             THE REGISTRAR:  Good afternoon, Your Honour.  This is case

10     IT-08-91-A, the Prosecutor versus Mico Stanisic and Stojan Zupljanin.

11             JUDGE AGIUS:  Thank you.

12             Could I have the appearances of the parties.

13             Prosecution first.

14             MS. FINNIN:  Good afternoon, Your Honour.  Sarah Finnin for the

15     Prosecution, appearing with Aditya Menon and Janet Stewart, our

16     Case Manager.

17             JUDGE AGIUS:  Okay.  Thank you.

18             Appearances for Mr. Stanisic.

19             MR. ZECEVIC:  Good afternoon, Your Honour.  Slobodan Zecevic

20     appearing for Mr. Stanisic today.  Thank you.

21             JUDGE AGIUS:  Thank you.

22             And appearances for Mr. Zupljanin.

23             MS. CMERIC: [Interpretation] Good afternoon, Mr. President,

24     Tatjana Cmeric appearing today for Mr. Zupljanin.  Thank you.

25             JUDGE AGIUS:  Thank you.

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 1             Before I commence, I would like to know whether all -- whether

 2     everyone here can hear and understand the proceedings in a language that

 3     they understand, particularly the accused.

 4             Mr. Stanisic.

 5             THE APPELLANT STANISIC: [Interpretation] Yes, I can hear the

 6     interpretation, I understand.

 7             JUDGE AGIUS:  Mr. Zupljanin.

 8             THE APPELLANT ZUPLJANIN: [Interpretation] Everything is all

 9     right.  Thank you.

10             JUDGE AGIUS:  So this Status Conference is called in accordance

11     with Rule 65 bis of the Rules of Procedure and Evidence.  Rule 65 bis

12     paragraph (B) requires a Status Conference to be convened within 120 days

13     after the filing of a Notice of Appeal, and thereafter within 120 days

14     after the last Status Conference.  The reason or the purpose for such a

15     Status Conference is to allow any person in custody pending appeal the

16     opportunity to raise issues in relation thereto, including the mental and

17     physical condition of that person.

18             In the present case the parties filed Notices of Appeal on 13th

19     May 2013, and the first Status Conference was held on 1st September 2013.

20     The second to eighth Status Conferences were held on 11 December 2013,

21     9th April, 24 July, and 12 November 2014, and 9th March, 30th June, and

22     15th October 2015, respectively.  Today's Status Conference is the ninth

23     in this case and was scheduled pursuant to an order signed by me and

24     issued on the 11th of January, 2016.

25             The first item on the agenda for today's Status Conference is for

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 1     me to inquire about the detention conditions and health of the two

 2     appellants, Mr. Stanisic and Mr. Zupljanin.  So I am going to inquire

 3     into the status of your detention conditions and health situations.

 4             Mr. Stanisic, I start with you.  If you have any concerns in

 5     relation to the condition of your detention of your state of health, I

 6     would invite to you raise them now; and if you prefer, this discussion

 7     with take place in private session.

 8             THE APPELLANT STANISIC: [Interpretation] Your Honour, no need.

 9     As for my health, it's average.  The conditions are bearable for the time

10     being, and there are no changes to speak of.

11             JUDGE AGIUS:  Thank you.

12             Mr. Zupljanin, same question to you.  And if you prefer, the

13     discussion can take place in private session.

14             THE APPELLANT ZUPLJANIN: [Interpretation] Your Honour, I don't

15     think there's any need for private session, although I would prefer to be

16     able to say something nice, but I can't, unfortunately.  You have

17     probably been informed that two days ago Mr. Zdravko Tolimir died and we

18     were all hard hit by his death.  Regrettably, he is the third person to

19     die in the last six months, and it is very hard on all of us.

20             JUDGE AGIUS:  Thank you.  But otherwise your state of detention

21     and state of health is okay?  You have no complaints?

22             THE APPELLANT ZUPLJANIN: [Interpretation] Well, "panta rhei," all

23     things in a flux, nothing changes, nothing happens.  The time does its

24     work, and as I said last time, we are just getting older, Your Honour.

25             JUDGE AGIUS:  Yes, you're not the only one who is getting older,

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 1     Mr. Zupljanin.  Thank you so much.

 2             I will now deal with the recent procedural history.  Before

 3     turning to any issues that the two appellants may wish to raise, I will

 4     outline the recent procedural developments in this case.  Even though

 5     this information is known to the parties, one of the purposes of a

 6     Status Conference is to inform the people outside the Tribunal of what is

 7     happening in a given particular case.

 8             In setting out the procedural history, I will focus on decisions

 9     an orders issued since the last Status Conference which, as I said

10     before, was held on the 15th of October of last year.  I recall that on

11     the 30th October 2015, the Appeals Chamber issued a Scheduling Order

12     setting 16th December 2015 as the date for the appeal hearing in this

13     days.  On 4th December 2015, the Appeals Chamber issued an addendum to

14     the Scheduling Order for the appeal hearing, in which it set out the

15     timetable for the hearing and invited the parties to address specific

16     issues in their submissions.  The Prosecution filed an urgent motion

17     seeking a revision of the timetable for the appeal hearing on 7th

18     December 2015 which the Appeals Chamber granted in part in its decision

19     of 11th December 2015.

20             The Appeals Chamber heard oral arguments of all parties in a long

21     sitting on the 16th of December, 2015.  I take this opportunity to once

22     more thank the parties for their submissions on the day and their full

23     co-operation throughout the hearing.  The Appeals Chamber will issue

24     judgement in due course and I can also inform you that for the time being

25     at least we are on track.  We have a date in mind and an hopefully we

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 1     will be able to stick to it.

 2             Last item on the agenda, whether Prosecution or Defence would

 3     like to raise any issues.

 4             I will start with the Prosecution.  Would you like to raise --

 5             MS. FINNIN:  Nothing to raise, Your Honour.

 6             JUDGE AGIUS:  Okay.  Thank you.

 7             Counsel for Mr. Stanisic.

 8             MR. ZECEVIC:  Thank you, Your Honour.  We have nothing to raise.

 9             JUDGE AGIUS:  Thank you.

10             And counsel for Mr. Zupljanin.

11             MS. CMERIC:  Yes, Mr. President, nothing to raise at this time.

12     Thank you.

13             JUDGE AGIUS:  Okay.  Thank you very much, Ms. Cmeric.

14             I think that's all.  This concludes today's Status Conference.  I

15     thank you all for your attendance and co-operation and call these

16     proceedings to a close.  Thank you.

17                      --- Whereupon the Status Conference adjourned at

18                      3.10 p.m.